Fullam v. Rose
Supreme Court of Pennsylvania
Appeal, No. 346, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., March Term, 1892, No. 810, on' verdict for plaintiff. Assumpsit on an instrument in writing.
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Appeal, No. 346, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., March Term, 1892, No. 810, on' verdict for plaintiff. Assumpsit on an instrument in writing. Before Reed, J. See Fullam v. Rose, 160 Pa. 47. Plaintiff’s counsel offered in evidence the following paper, upon which the suit was brought: “ Know all men by these presents, that I, Anna Maria Rose, wife of Michael Rose, do hereby acknowledge that I have in my hands the sum of $1,000, belonging to my brother, Luke Otis, he having deposited the same with me for safe keeping, which moneys are payable to him or his…
1Opinion of the Court
Opinion by
Mr. Cheep Justice Stebbett,
This case was here three years ago on defendant’s appeal from the former judgment, and is reported in 160 Pa. 47. Its salient features, — especially as to questions of fact presented by the testimony in the court below, — are substantially the same now as they were then, and hence special reference thereto, in this connection, is unnecessary. On the last as on the former trial, the right of the plaintiff to recover depended on questions of fact which it was the exclusive province of the jury to determine from the somewhat conflicting testimony before them.…
2Cases cited1 opinion
- Fullam v. RoseSupreme Court of Pennsylvania · 1894
3Cited by1 opinion
- Carr v. FaganSupreme Court of Pennsylvania · 1924